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JAQUELINE MUTERE
Founder and Director, Grace Agenda, Kenya
Impact of International Criminal Court processes
on survivors of gender-based violence in Kenya
Mutere’s presentation focused on the impact
of the ICC on the survivors of the post-election
violence in Kenya. She argued that, initially, many
survivors felt that the ICC was their only hope
for justice and that there was much support for
the ICC, largely on account of a lack of trust in
domestic courts. The phrase ‘Don’t be vague, go
to The Hague’ became a common slogan among
Kenyan civil society organisations.
Mutere then outlined the trajectory of the ICC
cases in Kenya. She noted that, after the cases
began to collapse, rape survivors were not
acknowledged. In light of the immense hope
that the ICC had offered initially, this was deeply
disappointing to survivors who were left without
access to justice and whose experiences of
sexual violence and its impact have been neither
acknowledged nor addressed. The best options
currently available to the victims in Kenya are
the Alternative Justice System and the Justice
Restoration Fund. Mutere critiqued the ICC for its
failure to get back to survivors and report on why
the cases fell through, noting that the ICC ought
to pursue the well-being of survivors of sexual and
gender-based crimes with the same fervour with
which it pursues perpetrators of violence.
In light of the absence of accountability for sexual
violence, Mutere established Grace Agenda, an
organisation that brought women and girls in the
same position as her (survivors of rape and women
who have borne children as a result) together to
help one another and assist with one another’s
children. In her own words, ‘once you start to heal
the women and mothers, the healing [is] passed
on to the children too’.
Mutere stressed the importance of memory and
the ways in which it means different things to
different people. In this regard, she highlighted
the importance of survivors’ going through the
process of memory themselves. Ultimately, for
Mutere, the question is about who can remember,
how they can remember, and when they can
remember, and that this process cannot be
dictated by others. Mutere noted that, if she had
not initiated her own agency to get answers from
people, she would not have any of the information
she shared in her presentation. Ultimately, for
Mutere, it is not just about taking the perpetrators
to court, but also about support, especially since
justice is subjective and means different things to
different people.
PANEL 5: The impacts of accountability processes for sexual and gender-based violence
/23
Select target paragraph3
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